Zimbabwe 2013 Constitution (reviewed 2017)

CHAPTER 7. ELECTIONS

PART 1. ELECTORAL SYSTEMS AND PROCESSES

155. Principles of electoral system

1. Elections, which must be held regularly, and referendums, to which this Constitution applies must be–
   1. peaceful, free and fair;
   2. conducted by secret ballot;
   3. based on universal adult suffrage and equality of votes; and
   4. free from violence and other electoral malpractices.
2. The State must take all appropriate measures, including legislative measures, to ensure that effect is given to the principles set out in subsection (1) and, in particular, must–
   1. ensure that all eligible citizens, that is to say the citizens qualified under the Fourth Schedule, are registered as voters;
   2. ensure that every citizen who is eligible to vote in an election or referendum has an opportunity to cast a vote, and must facilitate voting by persons with disabilities or special needs;
   3. ensure that all political parties and candidates contesting an election or participating in a referendum have reasonable access to all material and information necessary for them to participate effectively;
   4. provide all political parties and candidates contesting an election or participating in a referendum with fair and equal access to electronic and print media, both public and private; and
   5. ensure the timely resolution of electoral disputes.

156. Conduct of elections and referendums

At every election and referendum, the Zimbabwe Electoral Commission must ensure that–

1. whatever voting method is used, it is simple, accurate, verifiable, secure and transparent;
2. the results of the election or referendum are announced as soon as possible after the close of the polls; and
3. appropriate systems and mechanisms are put in place–
   1. to eliminate electoral violence and other electoral malpractices; and
   2. to ensure the safekeeping of electoral materials.

157. Electoral Law

1. An Act of Parliament must provide for the conduct of elections and referendums to which this Constitution applies, and in particular for the following matters–
   1. the periodic delimitation of constituencies and wards in accordance with section 161;
   2. the registration of voters, and requirements for registration on particular voters’ rolls;
   3. a code of conduct for political parties, candidates and other persons participating in elections or referendums;
   4. a system of proportional representation for the election of persons to the seats in the Senate referred to in section 120(1)(a) and the seats reserved for women in the National Assembly referred to in section 124(1)(b), and the procedure for filling vacancies in those seats, which vacancies must be filled by persons–
      1. belonging to the same political parties as those who previously held the seats; and
      2. of the same gender as the persons who previously held the seats;
   5. the election of representatives of persons with disabilities under section 120(1)(d);
   6. the conduct of elections to provincial and metropolitan councils and local authorities;
   7. challenges to election results.
2. The system of proportional representation provided for in terms of subsection (1)(d) must ensure equal representation of women among the Senators referred to in section 120(1)(a).
3. The Electoral Law must provide for the nomination of candidates in any election to take place at least fourteen days after the election was called and thirty days before polling in the election.
4. No amendments may be made to the Electoral Law, or to any subsidiary legislation made under that law, unless the Zimbabwe Electoral Commission has been consulted and any recommendations made by the Commission have been duly considered.
5. After an election has been called, no change to the Electoral Law or to any other law relating to elections has effect for the purpose of that election.

PART 2. TIMING OF ELECTIONS

158. Timing of elections

1. A general election must be held so that polling takes place not more than–
   1. thirty days before the expiry of the five-year period specified in section 143;
   2. where Parliament has passed resolutions to dissolve in terms of section 143(2), ninety days after the passing of the last such resolution; or
   3. where Parliament is dissolved in terms of section 109(4) or (5) following a vote of no confidence, ninety days after the dissolution.
2. General elections to local authorities must take place concurrently with presidential and parliamentary general elections.
3. Polling in by-elections to Parliament and local authorities must take place within ninety days after the vacancies occurred unless the vacancies occur within nine months before a general election is due to be held, in which event the vacancies may remain unfilled until the general election.

159. Filling of electoral vacancies

Whenever a vacancy occurs in any elective public office established in terms of this Constitution, other than an office to which section 158 applies, the authority charged with organising elections to that body must cause an election to be held within ninety days to fill the vacancy.

PART 3. DELIMITATION OF ELECTORAL BOUNDARIES

160. Number of constituencies and wards

1. For the purpose of electing Members of Parliament, the Zimbabwe Electoral Commission must divide Zimbabwe into two hundred and ten constituencies.
2. For the purpose of elections to local authorities, the Zimbabwe Electoral Commission must divide local authority areas into wards according to the number of members to be elected to the local authorities concerned.

161. Delimitation of electoral boundaries

1. Once every ten years, on a date or within a period fixed by the Commission so as to fall as soon as possible after a population census, the Zimbabwe Electoral Commission must conduct a delimitation of the electoral boundaries into which Zimbabwe is to be divided.
2. If a delimitation of electoral boundaries is completed less than six months before polling day in a general election, the boundaries so delimited do not apply to that election, and instead the boundaries that existed immediately before the delimitation are applicable.
3. The boundaries of constituencies must be such that, so far as possible, at the time of delimitation equal numbers of voters are registered in each constituency within Zimbabwe.
4. The boundaries of wards must be such that, so far as possible, at the time of delimitation equal numbers of voters are registered in each ward of the local authority concerned.
5. In delimiting–
   1. the boundaries of wards, the Zimbabwe Electoral Commission must ensure that no ward is divided between two or more local authority areas;
   2. the boundaries of constituencies, the Zimbabwe Electoral Commission must ensure that no ward is divided between two or more constituencies.
6. In dividing Zimbabwe into wards and constituencies, the Zimbabwe Electoral Commission must, in respect of any area, give due consideration to
   1. its physical features;
   2. the means of communication within the area;
   3. the geographical distribution of registered voters;
   4. any community of interest as between registered voters;
   5. in the case of any delimitation after the first delimitation, existing electoral boundaries; and
   6. its population;

   and to give effect to these considerations, the Commission may depart from the requirement that constituencies and wards must have equal numbers of voters, but no constituency or ward of the local authority concerned may have more than twenty per cent more or fewer registered voters than the other such constituencies or wards.

7. After delimiting wards and constituencies, the Zimbabwe Electoral Commission must submit to the President a preliminary report containing–
   1. a list of the wards and constituencies, with the names assigned to each and a description of their boundaries;
   2. a map or maps showing the wards and constituencies; and
   3. any further information or particulars which the Commission considers necessary;

   and the President must cause the preliminary delimitation report to be laid before Parliament within seven days.

8. Within fourteen days after a preliminary delimitation report has been laid before Parliament–
   1. the President may refer the report back to the Zimbabwe Electoral Commission for further consideration of any matter or issue;
   2. either House may resolve that the report should be referred back to the Zimbabwe Electoral Commission for further consideration of any matter or issue, and in that event the President must refer the report back to the Commission for that further consideration.
9. Where a preliminary delimitation report has been referred back to it under subsection (8), the Zimbabwe Electoral Commission must give further consideration to the matter or issue concerned, but the Commission’s decision on it is final.
10. As soon as possible after complying with subsections (7) and (9), the Zimbabwe Electoral Commission must submit a final delimitation report to the President.
11. Within fourteen days after receiving the Zimbabwe Electoral Commission’s final report, the President must publish a proclamation in the Gazette declaring the names and boundaries of the wards and constituencies as finally determined by the Commission.
12. If there is a discrepancy between the description of the boundaries of any ward or constituency and the map or maps prepared by the Zimbabwe Electoral Commission, the description prevails.